PRO/CON VIEW: Should a defendant face a mandatory minimum prison sentence for any crime that causes someone's death?

By Enterprise editorial staff

Published 1:00 am, Sunday, February 5, 2012

OUR VIEW: Serve time for any deadly crime

It was hard to miss the high-profile trial last week. Many Southeast Texans were following it and wondering if Jonathan Benitez of Beaumont would be convicted of manslaughter in the decapitation death of Mandy Le in an auto accident. Yet when it was finally over, all of the months of hard work by law enforcement and prosecutors resulted in ... 10 years of probation for Benitez.

If the presiding judge hadn't taken advantage of an option available to him and sentenced Benitez to six months in the county jail, he wouldn't spend any time behind bars for a crime that ended a 16-year-old girl's life.

That's not right. The Legislature can make sure this doesn't happen again by requiring a minimum prison sentence for any crime that results in the death of another human being.

That sentence could be as short as one year in prison. But when a person dies, probation is simply not enough punishment for the defendant.

-----------------------------------------------

ANOTHER VIEW: Probation is appropriate for some

The last thing Texas needs is another mandatory minimum prison sentence. Laws like that remove the flexibility that judges and juries need for young defendants like Jonathan Benitez.

This jury heard all the evidence in the trial. Then it deliberated for 12 hours. These five men and seven women did not make a rash decision. They knew facts and nuances about the case that many casual observers do not.

After all of that, the jury decided that probation was appropriate for a teenager who didn't have a previous felony conviction - and there's a lot to be said for that kind of compassion.

Texas prisons are crowded enough as it is. Those cells should be reserved for dangerous or repeat criminals, not first-time offenders who might have made one tragic mistake.

Every criminal case is different. One-size-fits-all sentences ignore this reality. State laws for manslaughter should not be changed because of this case, or any other.

----------------------------

FEEDBACK: What do you think? Should a defendant face a mandatory minimum prison sentence for any crime that causes someone's death? Post your comment below now!